implementation of studies and projects to prevent and mitigate damage (Section 2).
77.
Third, to date the Court has not had the opportunity to rule on whether, or to what extent, it
is desirable to interpret the Pact, specifically Articles 1(1), 4(1) and 5(1) in connection with the
principles that arise from international environmental law such as the obligations to prevent
environmental damage and to cooperate with third States affected by any damage, as recognized,
for example, in Articles 12 and 13 of the Convention for the Protection and Development of the
Marine Environment of the Wider Caribbean Region. This request for an advisory opinion
provides the Court with an opportunity to do this (Section 3).
SECTION 1: INTERPRETATION OF ARTICLE 1(1) OF THE AMERICAN
CONVENTION ON HUMAN RIGHTS (OBLIGATION TO RESPECT RIGHTS)
A. The text of Article 1(1)
78.
Article 1(1) stipulates that:
“The States Parties to this Convention undertake to respect the rights and freedoms
recognized herein and to ensure to all persons subject to their jurisdiction the free and full
exercise of those rights and freedoms, without any discrimination for reasons of race,
color, sex, language, religion, political or other opinion, national or social origin,
economic status, birth, or any other social condition.”
79.
This provision establishes two obligations with regard to the rights and freedoms
recognized in the Pact: an obligation “to respect” and another obligation “to ensure.” 49 Bearing in
mind the facts described in Chapter 2, this request for an advisory opinion seeks to clarify the
scope of the two obligations contained in Article 1(1) of the Pact; that is, to respect and to ensure
the human rights recognized in this instrument in the case of damage to the marine environment
that could interfere with the full exercise and enjoyment of the rights and freedoms of the
inhabitants of the coasts and islands of the Wider Caribbean Region. In particular, it seeks to
determine whether these obligations benefit the inhabitants of the coasts, of one or several islands,
or of an archipelago, when the execution of major infrastructure projects by a State Party to the
Wider Caribbean Region Convention and to the Pact of San José could harm the rights of the
inhabitants of these coasts, of this or these islands, or of the said archipelago.
B. Scope of the State obligations under the American Convention
80.
The obligation to respect the rights and freedoms recognized in the Pact consists in
complying with this provision (either by abstaining from acting or by providing a service), while
the obligation to ensure entails “the obligation of the States Parties to organize the government
apparatus and, in general, all the structures through which public power is exercised so that they
49
ICourtHR, Case of Velasquez Rodriguez v. Honduras. Merits. Judgment of July 29, 1988. Series C No. 4,
para. 164.
60
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents